James Ferguson

American

18+ years of experience

Language:

English, French

Present Function:

Partner at Mayer Brown LLP (since 2002), focusing on intellectual property, complex commercial litigation, and domestic and international arbitration; Adjunct Professor at Northwestern University Pritzker School of Law (since 2010), teaching U.S. and international arbitration and intellectual property; and Adjunct Professor at Northwestern University Feinberg School of Medicine (since 2010), teaching courses on the U.S. health care system and biotechnology innovation.

General Expertise:

Technical Expertise:

Certifications and/or licenses

Admitted to the Bar, Illinois;
US Court of Appeals for the Second Circuit;
US Court of Appeals for the Seventh Circuit;
US Court of Appeals for the Federal Circuit;
US Tax Court;
Trial Bar of the US District Court for the District of Northern Illinois and District of Connecticut

Professional legal or litigation experience related to the scope of competence of the PMAC

For more than 25 years, he has acted both as counsel and as neutral in patent litigation and arbitration matters, including disputes involving European patents, across the pharmaceutical, medical device, biotechnology, information technology, financial services, insurance, aviation, and emerging technology sectors, before U.S. courts (including the Federal Circuit) and in U.S. and international arbitral proceedings. His experience includes intellectual property disputes involving patent validity, infringement, damages, and royalty claims; IT and software agreements (including AI, licensing, outsourcing, and supply chain contracts); complex commercial and co-development agreements; joint venture disputes; employment matters; health care and life sciences transactions; construction disputes; and insurance and reinsurance claims. He is a registered neutral with ICC (US), ICDR/AAA, CPR, WIPO, DIAC, and SIAC, and has acted as advocate, arbitrator, or mediator in more than 100 complex commercial and IP-related cases.

Professional technical experience related to the scope of competence of the PMAC

Genetics, Biochemistry Information Technology

Memberships and/or accreditations

Fellow, Chartered Institute of Arbitrators;
Fellow, American College of Trial Lawyers;
Appointee, Silicon Valley Arbitration and Mediation Center’s List of the World’s Leading Technology Neutrals;
Member, AAA-ICDR Life Sciences Arbitration Panel;
Member, US Council for International Business Intellectual Property Committee;
Member, International Chamber of Commerce Commission on Intellectual Property;
Fellow, American Bar Foundation;
Board of Directors, Lurie Children’s Hospital of Chicago Research Center (2015–23);
Lecturer, University of Chicago Law School (2014–20);
Adjunct Professor, Northwestern University Pritzker School of Law (2010–present);
Adjunct Professor, Northwestern University Feinberg School of Medicine (2010–present).

Practical experience of conducting mediation or conciliation or judicial settlement conferences or out-of-court dispute settlements in disputes related to the scope of competence of the PMAC

He has served as advocate, arbitrator, or mediator in more than 100 cases involving complex commercial contracts, IP and IT licenses, joint venture and co-development agreements, financial services arrangements, employment disputes, and pharmaceutical and technology-related contracts. He has extensive training and experience in mediating disputes involving patents, trade secrets, trademarks, and related intellectual property issues. His representative matters include international and U.S. arbitrations concerning patent and royalty disputes in the pharmaceutical and biotechnology sectors (including cardiovascular, oncology, RNAi, genetic diagnostics, and lighting technologies), inventorship and trade secret claims, settlement of patent litigation, and cross-border license disputes. He has also handled numerous R&D, manufacturing, and collaboration agreements in the life sciences and electronics sectors; software and IT services disputes involving airlines, hospitals, banks, and health data providers; and high-value international commercial distribution and technology contracts.